Logan Breathalyzer Challenge Lawyer

To prove you have been driving under the influence of alcohol, law enforcement officers and prosecutors rely on a Breathalyzer. This device measures the percentage of alcohol in your lungs and is believed to be accurate when combined with other test and observations of alcohol use.

As many experts acknowledge, many things can cause a Breathalyzer to be inaccurate. If you’ve been arrested for drunk driving, you need a Logan Breathalyzer challenge lawyer who can find those things that may have made your test inaccurate and use them to challenge your arrest.

What Makes Breathalyzer Tests Inaccurate?

As a criminal defense attorney, I have often brought successful challenges to Breathalyzer tests in courts across Ohio. I have learned that many things can make a Breathalyzer test inaccurate or invalid. These factors can force a judge to dismiss your case, including:

• Lack of adequate maintenance. Breathalyzer devices must be maintained regularly by qualified mechanics. If not, the results are unreliable.
• Unapproved devices. Not all “breath test devices” are Breathalyzers. There is a Federal List of approved devices, and those must be used by law enforcement agencies.
• Test is outside time limit. The Breathalyzer test must be obtained within 3 hours of driving in order to be considered admissible.
• Untrained or unlicensed operator. The individual giving the test must have a current certification or license from the state. If this license has expired, they should not give the test.

Any of these factors could invalidate the Breathalyzer test. I will review the police reports in your case and determine if any of these factors could affect your OVI citation.

Can Other Factors Affect a Breathalyzer?

Although there are many myths about how to cheat a Breathalyzer, it is true that many physical factors can affect the measurements. The device tests the blood alcohol concentration (BAC) from the vapor present in the subject’s lungs. Some things can cause the Breathalyzer, especially the portable unit used in the field, to have an elevated BAC. For instance:

• Operator error or failing to zero out the machine properly before giving the test.
• Physical conditions such as diabetes, hypoglycemia, or ketoacidosis can raise the sugar content of the breath. This can read as “alcohol” to the device.
• Some prescription medications, mouthwashes, and other things can raise the alcohol content in the breath.
• Health issues like asthma or COPD can prevent you from taking a deep enough breath to activate the device. This can result in an inaccurate reading.

The risk of error is why law enforcement in Logan and elsewhere in Ohio must follow a strict testing protocol when performing field sobriety tests, field Breathalyzer tests, and office Breathalyzer testing. If these protocols are not followed, the tests may be invalid, and your case may be dismissed.

Get Legal Help from a Logan Breathalyzer Challenge Attorney

I have helped other OVI defendants find ways to challenge the validity of their Breathalyzer results in court, and can look for ways to minimize the outcome of your case. If you are facing fines, jail time, and loss of your driver’s license, I’ll use my legal knowledge and experience to reduce those penalties and push for a dismissal.

When you’re facing an OVI/DUI charge, you need an experienced Logan attorney to challenge the results of the Breathalyzer test. Don’t wait and put your case at risk. Contact us to learn your options.